Mediation is a structured, confidential, and voluntary process where an impartial mediator assists parties in generating solutions to resolve the difficulties that have arisen between them.
With CIPD recording that the cost of conflict costs UK organisations around £28.5 billion each year, Mediation is a helpful and successful tool for workplace conflict.
Mediation aims to bring two parties together to communicate clearly and try reaching an agreement acceptable to all involved.
Mediation can be used to find effective and prompt solutions to get your workplace back on track.
In focused sessions, the mediator will help facilitate communication, break down barriers and help identify the underlying issues of the parties.
What is the mediation process?
Mediation is a structured process, the first stage will involve the mediator making contact with the parties to discuss:
- the main issues
- what they want to achieve out of the process
- confirm the parties’ agreement to mediate.
A mediation session will then be set up to bring the parties together, this can be held at your location or our offices.
On the day, the mediator will hold joint and private sessions with both parties to ask difficult but important questions to help the parties towards a more reconciliatory position in a confidential and safe environment. Workplace mediation aims to help parties involved in the conflict come to a mutually acceptable agreement to resolve and restore workplace relationships. After the mediation sessions, the mediation may end in an agreement or no agreement.
Due to the confidential nature of mediation allowing parties to freely speak about their concerns, a written report is not produced and any meeting notes are destroyed.
The defining feature of mediation is that the individuals involved in the conflict have ownership over the problem and its solution. After the session, the mediator will confirm that a meeting has successfully taken place and if solutions have been achieved provide the employer with an agreed action plan proposal by the parties to implement.
In some circumstances, further details from the mediation session may be disclosed if both parties agree.
What is an agreement to mediate?
A mediation agreement is a document setting out the agreement of the parties to mediate a dispute between them.
It will specify the appointment of a mediator, role and obligation of the parties and the mediator and the mediation process to be expected.
This will be sent to the parties after the initial meetings and will be signed prior to the mediation session taking place.
What are the benefits of Mediation?
- Save time, energy and financial cost
- Rebuild and reestablish the workplace
- Reduced likelihood of legal action being initiated
- Develop communication skills for staff
- Increase productivity
- Reduce stress
- Reduce staff turnover
- Control outcomes
- Enhance work environment
- Allow staff to express concerns in a safe space
- Avoid escalation
- Facilitate difficult conversations
- organise relatively quickly and does not require input from managers, representatives or witnesses.
Key Elements of Mediation
Mediation involves collaborative problem-solving, with a focus on the future and rebuilding relationships.
The key elements of mediation involve:
- Voluntary;
- Impartial;
- Confidential
- Power to suggest their own solutions
Outcomes of Mediation
Mediation aims to gives the parties authority to settle their dispute without a 3rd party decision maker.
Sometimes there may be concern that mediation could remove the decision making from the organisation.
Employees may suggest solutions which are unviable or cause operational difficulties.
With workplace mediation the parties have the power to agree a proposed solution to the conflict however the mediator will reality check with the parties their solutions during the session.
After the session if possible solutions have been agreed the mediator will provide the employer with an agreed action plan proposal for them to decide on implementation or summary of the agreed outcomes.
If you want to find out more about our mediation service call us on 0333 888 1360 or email [email protected]
